Guzman Y Gomez Leasing Pty Ltd

[2019] FWCA 652

[2019] FWCA 652

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Item 16 Sch. 3—Termination of transitional instrument

Guzman Y Gomez Leasing Pty Ltd
(AG2018/7317)

PAVILLION PARTNERS PTY LTD COLLECTIVE WORKPLACE AGREEMENT

Fast food industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 FEBRUARY 2019

Termination of the Pavillion Partners Pty Ltd Collective Workplace Agreement.

[1] On 21 December 2018, Guzman Y Gomez Leasing Pty Ltd applied for the termination of the Pavillion Partners Pty Ltd Collective Workplace Agreement (the Agreement), under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] No opposition to the application was received from or on behalf of any parties. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated. The termination will come into effect from 10 February 2019.

SENIOR DEPUTY PRESIDENT

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